A DESIGNER'S FRIEND OR FOE?

In March 2013, burlesque star Dita Von Teese grabbed the headlines yet again, but this time for modelling the world's first fully articulated dress produced with a 3D printer. While the concept might sound like the stuff of fantasy, the 3D printing age is closer than one might think and has profound implications for retailers.

WHAT IS 3D PRINTING?

3D printing (also known as additive technology) is the manufacture of three-dimensional objects from a computer file (CAD) using a specialised printer. Watching footage of the process brings to mind the gadgetry of science fiction (YouTube has many examples), hence most people are surprised to learn that the invention has in fact been around since the 1970s. The main reason for its apparent obscurity is that, until recently, the costs of 3D printers and the underlying software far transcended the reach of most of businesses, let alone the average consumer. However, now prices are dropping rapidly, the number of brands investigating the potential of 3D printing is on the increase.

EMBRACING CHANGE

The Von Teese dress was the creation of designer Michael Schmidt, architect Francis Bitonti and printing firm Shapeways. While this particular design was customised to the model and made for purely promotional purposes (not least because it was embellished with over 13,000 Swarovski crystals), retailers have already started using 3D printing for more commercial projects. At Paris Fashion Week this January, Dutch designer Barend van Herpen's eleven-piece collection featured two 3D printed ensembles, including a form-fitting dress. Meanwhile, in February 2013 Nike Inc unveiled its Nike Vapor Laser Talon, a shoe incorporating a 3D printed plate enabling it to be contoured to the particular player and increase efficiency. Even young designers are getting on the bandwagon, with 3D printers being installed at fashion schools such as the London College of Fashion.

THE RISKS

With the price of 3D printers now falling (one brand of domestic 3D printer in Australia currently retails for around AU$1,800), an obvious commercial risk for mass manufacturers is that they are cut out of the supply chain. While consumers do need appropriate CAD files in order to print, websites such as www.thingiverse.com are making this an increasingly easy hurdle to overcome, providing free 3D files for a vast array of objects, including fashion accessories, jewellery, spectacle frames, juicers and even a model Predator unmanned military aircraft.

In addition, 3D printing presents challenges for retailers in the context of their intellectual property rights. If illegal film or music downloading was a problem for copyright owners, imagine the consequences of teenagers being able to "print" Nike trainers in their bedrooms. The Pirate Bay, a notorious file-sharing site in a music and film context, has already created a new category for files that allow 3D printers to create physical objects. Moreover, in many cases, IP regimes will offer defences to copiers, whether on the grounds of domestic use or exclusions for "must fit" designs or industrially exploited copyright works.

FRIEND OR FOE?

Creative genius or space-age nightmare, 3D printing is an innovation which is unlikely to disappear soon. Retailers are therefore advised to add 3D printing to the ever-increasing watch list of IP exposures, to ensure they stay ahead of the infringers' game. At the same time, the concept offers a brave new world for creative business who capitalize on the opportunity to produce highly complex and customized designs.

© DLA Piper

This publication is intended as a general overview and discussion of the subjects dealt with. It is not intended to be, and should not used as, a substitute for taking legal advice in any specific situation. DLA Piper Australia will accept no responsibility for any actions taken or not taken on the basis of this publication.


DLA Piper Australia is part of DLA Piper, a global law firm, operating through various separate and distinct legal entities. For further information, please refer to www.dlapiper.com